ELLSWORTH — A Hancock County Superior Court justice acquitted a man who Maine game wardens accused of night hunting when he was found illuminating a field off the Studmill Road.

Mark Elwell, 36, had been driving to his Mopang Lake camp in Township 24 in Washington County Nov. 9, 2007, with a friend, court records state.

Elwell got out of the truck and shined a light in a field looking for an animal he thought he might have injured, said his attorney, Bob Granger, in a press release.

Elwell had stopped in the middle of a special night hunting operation being conducted by the Maine Warden Service in response to several complaints about illegal hunting activities, including night hunting in the township.

Granger described his client in a court filing as an “avid hunter, trapper and firearms enthusiast.” Elwell held hunting and trapping licenses and has had a concealed weapons permit since he was 18.

“The wardens stopped a vehicle with two men who possessed guns, ammunition, a light and lots of camping equipment,” Granger said. “What the wardens didn’t have, however, were people actively hunting. Anyone headed to deer camp for the weekend would possess firearms and ammunition, so this was certainly not out of the ordinary.”

“Mr. Elwell felt that he had an obligation to determine if the animal they hit was wounded or dead. His mistake, if any, was shining a light in a field on a remote road at night. It was certainly bad timing since he found himself in the company of multiple wardens.”

Assistant District Attorney Mary Kellett said that the when Wardens Dave Simmons and Lowell Osgood approached the pair, Elwell allegedly said, ‘Hey man, give me a break and write me for lighting instead of night hunting.’”

“When the officer proceeded to arrest him, Elwell told him he hit a coyote,” said Kellett. “As the wardens know, that’s what everybody says.”

Wardens seized a handgun, two .30-.08 rifles and a 12-gauge shotgun from the truck as well as several loaded magazines and hundreds of rounds of ammunition. Kellett said a cupholder in the truck held ammunition that fit the guns and there was a live round on the passenger seat.

The ammunition included Black Talon, which is rare because it is no longer manufactured, court records state. Elwell had Hydro Shock ammunition as well. Both types of ammunition were described as designed for self-defense.

The defense attorney moved for acquittal at the close of the state’s case on grounds that the state had failed to prove its case beyond a reasonable doubt.

Granger said none of the long guns was loaded and the magazines were separate from the guns. He noted that wardens never saw Elwell holding a rifle and the handgun was specifically designed for personal defense rather than hunting.

The prosecutor said the state had a strong case.

Kellett said that “well established” night hunting case law from the 1940s requires a vehicle containing guns and ammunition that slows down in an area known for deer and a person holding a light.

“They don’t have to fire a gun or even hold a gun out the window,” she said.

Justice Donald Marden said that Elwell had a plausible explanation for being on the Studmill Road and that the gear in the truck was consistent with two men heading to deer camp.

The judge said that Elwell would have had to pull his gun out of the vehicle by the muzzle to access it given its position in the truck, and the passenger would have had to run around to the driver’s side of the vehicle to access his rifle if they were indeed actively night hunting, said Granger.

A night hunting conviction would have resulted in a mandatory three-day jail sentence, a $1,000 fine and forfeiture of the firearms and ammunition. Elwell could have lost his right to hunt for one to three years if convicted of the misdemeanor charge._________________FEAR Fear!

Fri 04 Apr, 2008 12:34 pm

frightened inmate #2From Away

Joined: 31 Mar 2008
Posts: 88

I missed it. What's the bias and where are the flaws?

I wonder if this has anything to do with the fact that I've never been hunting

Fri 04 Apr, 2008 1:14 pm

Chub FishermanOfficial Pissant

Joined: 14 Mar 2006
Posts: 790
Location: Hancock County

30-08? Uhhhhhhh What kinda gun????
Live round in the seat?
Black Talon Ammo...now manufactured as Ranger STX(same exact thing
Camping gear and guns...oooohhhh my...must be poacher
Guns in the vehicle.....oooohhh my!
acquitted.....cause he wasn't doing anything wrong.
Had a concealed weapons permit since he was 18(which allows you to carry fully loaded gun into almost any building at any time)
Allllll non issues spun in a negative light

I guess the gal was up late at Pete and Larrys bar so she didn't have time to chek her fact or write a good article._________________FEAR Fear!

Thu 10 Apr, 2008 1:44 pm

timesLobstah

Joined: 16 Sep 2004
Posts: 679

I'd have to say I missed that as well in the story. Not much of an outdoorsy kind of guy I guess... not much into gun either. That's what you're here for

Thu 10 Apr, 2008 8:02 pm

Chub FishermanOfficial Pissant

Joined: 14 Mar 2006
Posts: 790
Location: Hancock County

if you check out Black Talon Bullets you'll find that they were vanity bullets. The were slick black coated bullets Called "cop Killers by gang bangers, and purported to be armor piercing.....however that was all false but winchester had to pull them because of negative press......renamed them as rangers STX's....
If the girl had taken 5 seconds on the internet to check her facts she'd would have seen that. If she did check her facts and printed it anyway then she really was biased.

....I gotta get to work.................._________________FEAR Fear!

Fri 11 Apr, 2008 7:28 am

timesLobstah

Joined: 16 Sep 2004
Posts: 679

See... this is why you're here. It doesn't appear that any of us would have caught that.

Thu 17 Apr, 2008 2:13 pm

Butch MooreWanna-be Mainah

Joined: 08 Nov 2005
Posts: 26
Location: Occupied Salmon Territories

Winchester was a victim of its own marketing with the "Black Talon" ammunition. Their overly aggressive ads talking about the Black Talon's devastating power came back and bit them, and the press had a field day with it. Doctors claimed they were much more dangerous for them to work around because of the sharp edges supposedly produced...antis said we needed to ban them because they were too dangerous for self defense....it was a farce.

Truth be known, they aren't even all that great of a round when compared with Hydra Shocks...

Last edited by Butch Moore on Sat 24 May, 2008 10:20 pm; edited 1 time in total

Sat 24 May, 2008 10:16 pm

Butch MooreWanna-be Mainah

Joined: 08 Nov 2005
Posts: 26
Location: Occupied Salmon Territories

And yes, the article was biased...and apparently neither the author nor the editor caught the non-existent ".30-08 rifle" blunder.

Sat 24 May, 2008 10:18 pm

TolerancejrWanna-be Mainah

Joined: 11 Feb 2005
Posts: 14

bias artical

was it supposed to be 30 ought 6 ? If anyone in the future hits an animal then I would say call the police and make them look for the hit animal. then you can't get into trouble as it looks like the wardons really droped the ball if these guys wern't night hunting and everything was as they said it was._________________ToleranceJr

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